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WRIGHT v. BAUMANN

458 P.2d 674 (1969)

W.C. WRIGHT, Jeanetta Wright, B.L. Wright, Genevieve L. Wright, Guy S. Wright, Shirley Jane Wright, Harry N. Wright and Mildred Wright, Respondents, v. Gladys S. BAUMANN, Administratrix of the Estate of George R. Baumann, Appellant.

Supreme Court of Oregon.

Decided September 10, 1969.

Attorney(s) appearing for the Case

E.L. Kincaid, Eugene, argued the cause and filed a brief for appellant.

No appearance for respondents.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

GOODWIN, Justice.

The administratrix of a decedent's estate appeals a judgment for damages for breach of a contract entered into by her decedent, the original defendant in the action. The sole question is whether the right to maintain this action had been extinguished by the failure of the plaintiffs within one year of the death of the decedent to substitute the administratrix as a party defendant pursuant to ORS 13.080....

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